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This article discusses the requirement made by article 1,647 of Brazil’s Civil Code of a spouse award for the provision of guarantee by one of the spouses. The subject is analyzed in accordance to the principles of bill of exchange law and the specificity of the legal regime of credit instruments, as well as comments on the recent change in the jurisprudence of the STJ, which changed the paradigm of interpretation of the article. The purpose is to demonstrate the unnecessary marital bestowal to provide the guarantee. The method used was the deductive and research was bibliographic and documentary types.

AVAL E OUTORGA CONJUGAL: ANÁLISE DA INTERPRETAÇÃO DO ARTIGO 1.647 DO CÓDIGO CIVIL PELA DOUTRINA E JURISPRUDÊNCIA